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(영문) 울산지방법원 2016.01.27 2014가합17264
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic facts, D Co., Ltd. contracted the construction of the headquarters building of D Co., Ltd. and subcontracted the construction of the headquarters building of D Co., Ltd. to D Co., Ltd. to D Co., Ltd., the head office building of D Co., Ltd. (hereinafter “instant building”).

Han Construction Co., Ltd. means, on November 19, 2012, the construction of the building in this case, for the completion of the interior of the building by using trees, remote areas, plates, etc. after the completion of all basic construction processes, including light capacity construction.

(hereinafter referred to as “the interior and funeral works of this case”) were each set of and subcontracted for the construction period of KRW 1,408,00,000 (including value-added tax) and from November 19, 2012 to November 29, 2013.

In the instant case, the Plaintiff re-subcontracted with respect to swimming pool construction among the interior and swimming pool construction works (hereinafter referred to as the “instant swimming pool construction”) with the trade name of “F,” and re-subcontracted (hereinafter referred to as the “re-subcontract”) with the price of KRW 275,00,000 (including value-added tax) for the construction period from July 2, 2013 to November 1, 2013. At the time, Defendant C guaranteed the Defendant C’s obligation under the re-subcontract, and Defendant B and Defendant C, in substance, were in charge of completing the instant swimming pool construction work directly at the site of the instant building construction, and Defendant C took charge of the conclusion of the re-subcontract and consultation related to the said construction work.

The Defendants’ discontinuance of the instant waterway construction continued to perform the said construction in the absence of the completion of the instant waterway construction on November 1, 2013, which is the date of completion of the agreement stipulated in the instant sub-subcontract. On December 20, 2013, G, the Plaintiff’s site manager, had continued to perform the instant waterway construction.

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